Legal Opinion

Herweyer v. Clark Highway Services, Inc

Michigan Supreme Court

Decided July 8, 1997No. 103802, Calendar No. 3PublishedCited by 29 opinions

1Opinion of the CourtKelly, J.

In this wrongful termination case, the single issue is what limitation period for filing suit is appropriate where the period written into the employment contract is unreasonably short. Defendant, Clark Highway Services, Inc., asks that we interpret a saving clause in the contract to allow the courts to establish the period. The interpretation would require legal action be brought by a date earlier than that set by the applicable statute of limitations as long as it is reasonable. We hold that, when the period of limitation in an employment contract is unreasonably short, the applicable…

2Cases cited11 opinions

  1. DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
  2. Lothian v. City of DetroitMichigan Supreme Court · 1982
  3. Bigelow v. WalravenMichigan Supreme Court · 1974
  4. Kyle v. Green Acres at Verona, Inc.Supreme Court of New Jersey · 1965
  5. Hart v. City of DetroitMichigan Supreme Court · 1982

6 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Rory v. Continental InsuranceMichigan Supreme Court · 2005
  2. Klapp v. United Insurance Group Agency, IncMichigan Supreme Court · 2003
  3. McDonald v. Farm Bureau InsuranceMichigan Supreme Court · 2008
  4. Clark v. DaimlerChrysler Corp.Michigan Court of Appeals · 2005
  5. Timko v. Oakwood Custom Coating, IncMichigan Court of Appeals · 2001

24 more not listed; retrieve them via the Exa API.

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